Additional ground on property valuation admitted where facts were already on record; matter sent back for fresh assessment.

An additional ground may be admitted before the ITAT where the relevant facts are already on record and no fresh factual inquiry is required. Applying that principle, the Tribunal held that the assessee's request for valuation of the property by the DVO could be entertained and the valuation dispute should be reconsidered afresh. The assessment order was set aside to that extent, and the Assessing Officer was directed to make a DVO reference and complete the assessment after giving the assessee a reasonable opportunity of hearing. No decision was rendered on the merits of the deduction claim.

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Issues: Whether the assessee's additional ground seeking reference of the property valuation to the DVO could be admitted and, if so, whether the matter should be restored for fresh assessment.

Analysis: The relevant facts regarding the assessee's repeated request before the appellate authority to refer the valuation dispute to the Valuation Officer were already on record. Since no new factual inquiry was required, the Tribunal admitted the additional ground. In view of the settled principle that a pure legal ground arising from facts already available on record may be raised for the first time before the Tribunal, the appellate order was set aside to the extent necessary. The Tribunal directed the Assessing Officer to refer the valuation of the property to the Valuation Officer and then complete the assessment afresh after granting reasonable opportunity of hearing to the assessee.

Conclusion: The additional ground was admitted, the matter was restored to the Assessing Officer, and the valuation issue was directed to be reconsidered afresh in accordance with law.

Final Conclusion: The appeal succeeded only to the extent of reopening the valuation dispute for fresh consideration, without any adjudication on the merits of the deduction claim.

Ratio Decidendi: An additional ground may be entertained where the material facts are already on record and the issue requires fresh adjudication on the existing record, including a proper valuation reference where warranted.

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